Legal Library

We’ve come a long way, baby. In 13 years, the landscape for
marriage equality has changed dramatically in New Jersey (and in the United
States). New Jersey has been one of the most progressive states in addressing
the rights of same-sex couples and marriage equality.

In 2004, New Jersey’s Domestic Partnership Act came in to effect
allowing same-sex couples to register as Domestic Partners. Three years later,
in 2007, our State’s Civil Union Act was implemented, giving same-sex couples
some of the same rights afforded to married couples. Continuing the trend, four
years later, as a result of a Mercer County Superior Court ruling in the case
of Garden State Equality v. Dow, same-sex couples were allowed to marry in New
Jersey as of October 21, 2013.

Then, on June 26, 2015, same-sex marriage became legal
across the United States as a result of the United States Supreme Court’s
decision in Obergefell v. Hodges. Obergefell requires States to issue marriage
licenses to same-sex couples and to recognize lawfully licensed, out-of- state
marriages between same-sex couples. So, after decades of fighting for marriage
equality, LGBT marriages have the same force and effect as opposite-sex
marriages. But what about LGBT divorces? Are the rights of divorcing LGBT
couples equal to divorcing opposite- sex couples in New Jersey?

Yes, legally speaking, divorcing LGBT couples are treated
the same as divorcing opposite-sex couples, and the law must treat them the
same. LGBT couples face the same issues in divorces that opposite-sex couples
do: equitable distribution of property and debts, payment/receipt of alimony
and child support, and custody of children. The same causes of action for
divorce, equitable distribution scheme, and factors for determining alimony and
custody apply regardless of whether a LGBT couple or an opposite-sex couple is
seeking a ruling from the Court on any issues in a divorce. So, in a little
over a decade, LGBT rights have been “altar-ed” in a significant way.

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

CONSUMER WEBSITES

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by the use of this site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.